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111048

INTERNATIONAL JOURNAL OF LAW

MANAGEMENT & HUMANITIES
[ISSN 2581-5369]
Volume 4 | Issue 3
2021
© 2021 International Journal of Law Management & Humanities

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4617 International Journal of Law Management & Humanities [Vol. 4 Iss 3; 4717]

Analysis of the National Commission for

Allied and Healthcare Professions Act, 2021
SHLOKA JAIN1

ABSTRACT
This paper analyses the long awaited and recently enacted legislation called the National
Commission for Allied and Healthcare Professions Act, 2021. The need for overhauling,
regulation and standardization of allied and healthcare professions has been
encountered for several decades, but ‘efforts’ to establish a regulatory body began only
in the early 90’s when the bill for Physiotherapists and Occupational Therapists was
drafted. The coronavirus pandemic has received invaluable contribution from allied
healthcare professionals such as lab technicians and paramedics, and regulating their
profession will create employment opportunities not only in India, but in the international
markets as well. The World Health Organization (WHO) has estimated that by 2030,
there will be a requirement of more than 40 million healthcare professions all over the
world and this legislation, by regulating, standardizing and giving recognition to such
allied professions and institutions will help them in securing those opportunities thereby
increasing access to quality health-education and services.
Keywords: Allied, Healthcare, National Commission, State Council, Healthcare
Institutions

I. INTRODUCTION
The Parliament passed the National Commission for Allied and Healthcare Professions Bill,
2021 on 24.3.2021. The President of India gave its assent to the National Commission for
Allied and Healthcare Professions NCAHP Act, 2021 (‘NCAHP Act’) on 28.3.2021 and the
same came into force on 25.5.2021.2

The aim of the NCAHP Act is to maintain and regulate - the standards of education and services
of over 56 allied and healthcare professionals, assessment of institutions, creation of a Central
and State Register and a system to improve access and R&D by adopting latest scientific
advancement, and for other relevant matters as well.

The NCAHP Act provides an appropriate regulatory framework which has been long overdue

1
Author is a student at Pravin Gandhi College of Law affiliated to University of Mumbai, India.
2
National Commission for Allied and Healthcare Professions Act, 2021, No. 14, Acts of Parliament, 2021 (India).

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for the development of competent non-physician healthcare providers who have the necessary
skill sets required to deliver health services in varying environments of care. The Act gives
heed to the invaluable contribution of the paramedics and allied health care workers, lab
technicians, radiographers and others during the coronavirus pandemic. This is an advancement
towards achieving primary healthcare led universal health coverage.3

In early 1990’s, allied health professionals were participatory, however, after numerous
consultations with key stakeholders, the first draft Bill was introduced in 2015.4

In December 2018, the Allied and Healthcare Professional Bill, 2018 was introduced in the
Rajya Sabha and was referred to the Health Department-Related Parliamentary Standing
Committee On Health and Family Welfare which recommended certain amendments and thus,
the panel incorporated the recommendations and also changed the nomenclature “Allied and
Healthcare Professional” to “National Commission for Allied and Healthcare Professions.” 5

II. ALLIED AND HEALTHCARE PROFESSIONAL: INTERNATIONAL STANDARD

CLASSIFICATION OF OCCUPATIONS (ISCO-08) FOUR DIGIT CLASSIFICATION

SYSTEM

The recognised categories of Allied and Healthcare Professionals specified in the Schedule of
the NCAHP Act ‘broadly’ cover 10 categories of professionals including Medical Laboratory
and Life Sciences; Trauma, Burn Care and Surgical and Anaesthesia-related technology;
Physiotherapy Professional; Nutrition Science Professional; Ophthalmic Sciences
Professional; Occupational Therapy Professional; Community Care, Behavioural Health
Sciences and other Professionals; Medical Imaging and Therapeutic Technology Professional;
Medical Technology and Physician Associate / Assistant Professional.6

The abovementioned Professionals specified in the Schedule are selected on the basis of
International Labour Organisations’ (“ILO”) International Standard Classification of
Occupations - 08 (“ISCO-08”), a system for classifying and aggregating occupational
information obtained by means of population censuses and other statistical surveys, as well as
from administrative records.7 According to acceptable international standards, the World

3
Neetu Sharma, Lok Sabha passes National Commission for Allied and Healthcare Professions Bill, 2021,
LiveMint (2021).
4
Preeti Sudan, Why government’s recognition of allied healthcare professionals is a paradigm shift, Indian
Express (2021).
5
No. 117, Department-related Parliamentary Standing Committee On Health and Family Welfare, Report on the
Allied and Healthcare Professions Bill, 2018 (2020).
6
See supra note 2, at § 2(s).
7
Vol 1, ISCO-08, (International Labour Organisation 2012).

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Health Organisation (“WHO”) acknowledges ISCO-08 while classifying health

professionals.8 The NCAHP Act codes all professional categories on the basis of ISCO-08 in
order to give global recognition which will ultimately facilitate in global mobility.

The NCAHP Act, in its definition of Allied Health Professional includes any associate,
technician or technologist who is trained to support diagnosis and treatment of illness, disease,
injury or impairment, and implementation of any healthcare treatment recommended by a
healthcare professional.9 This definition has relied upon the definition of ‘Health Associate
Professionals’ provided by the WHO: Classification of Healthcare Workers on the basis of
ISCO-08.10

Similarly, the NCAHP Act defines a Healthcare Professional as a scientist, therapist or other
professional who studies, advises, researches, supervises or provides preventive, curative,
rehabilitative, therapeutic or promotional health services,11 that also relies upon the definition
of “Health Professionals” provided by the WHO.

III. NATIONAL COMMISSION

Chapter II of the NCAHP Act provides for the constitution of a National Commission thereby
adopting a similar regulatory framework by switching over to commission, like the National
Medical Commission Act, 2019 (NMC Act, 2019) which constituted the National Medical
Commission superseding the Medical Council.

Section 3 of the NCAHP Act provides that the Chairperson and Vice Chairperson which are to
be appointed by the Central Government, must be possessing a postgraduate degree in any
profession of recognised category of allied and healthcare sciences mentioned in the
Schedule.12 The Chairperson, Vice-Chairperson and the Secretary of the Commission shall be
appointed by the Central Government on the recommendation of a Search-cum-Selection
Committee (an eight-member committee, the constitution of which will be governed in terms
of Section 21(2) of the NCAHP Act).13 The Commission also comprises of ex-officio members
and part-time members nominated by State or Central Government (in terms of Section 3(d) of
the NCAHP Act).14

8
CLASSIFYING HEALTH WORKERS: MAPPING OCCUPATIONS TO THE INTERNATIONAL
STANDARD CLASSIFICATION, (World Health Organisation 2011).
9
See supra note 2, at § 2(d).
10
World Health Organisation, supra note 7.
11
See supra note 2, at § 2(j).
12
Id. § 3.
13
Id. § 21(3).
14
Id. § 3(d).

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Section 11(1) of the NCAHP Act elaborates on the powers and functions of the Commission.
The powers and functions are two-fold and include, inter alia, the laying down of policies and
regulations to (a) provide for and maintain stands for governance of education and services in
accordance with the global standards (b) regulate and maintain standards of allied and
healthcare- qualifications, exit and entry / licensing examinations, institutions and
professionals.15

By extension, the Commission is also empowered to maintain professional conduct and code
of ethics and etiquettes, maintain an up-to-date online and live Central Register with details of
academic qualifications, institutions, training, skill and competencies of the recognised
professionals and also hold annual meetings with the National Medical Council constituted
under section 3 of the National Medical Commission Act, 2019 and the Central Council
constituted under section 3 of the Homoeopathy Central Council Act, 1973 (HCC ACT, 1973).
(However, the HCC Act, 1973 has been repealed and been replaced by the National
Commission for Homoeopathy Act, 2020 which by notification of Central Government will
dissolve the Central Council established under the HCC ACT, 1973.)16

Central Allied and Healthcare Professionals' Register

The Commission, as part of its function, shall, according to a standardised format (as specified
by regulations), maintain an online and live Register of persons in each of the recognised
categories - which is to be known as the Central Allied and Healthcare Professionals' Register
(‘Central Register’).17 It shall maintain live and up-to-date information including the names
of persons and academic qualifications, institutions and skills relating to their respective
recognised categories. No other person, other than a registered recognised professional shall
hold office in a Government or any Institution, provide any recognised categories services and
sign / authenticate any certificate which is to be a signed by a duly qualified recognised
professional under the Schedule of this Act.

With respect to ‘Existing Professionals,’ as per Section 38 – all persons already offering
services in any of the recognised categories on / before commencement of this Act – shall be
allowed to register provisionally within such period as may be specified by regulations.18

The Central Register is deemed to be a public document within the meaning of the Indian

15
Id. § 11(1).
16
National Commission for Homoeopathy Act, 2020, § 58(1), No.15, Acts of Parliament, 2019 (India).
17
See supra note 2, at § 13(1).
18
Id. § 38.

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Evidence Act, 1872.19

National Allied and Healthcare Advisory Council

Section 12 of the NCAHP Act provides for the constitution of an advisory body, known as the
National Allied and Healthcare Advisory Council (Advisory Council) by the Central
Government on the lines of the Medical Advisory Council in the NMC Act, 2019.20

The Advisory Council shall act as a platform to coordinate and harmonise the general interest
of each recognised profession by giving recommendations or advising the commission on
several issues and finalizing the advice/suggestion that may be referred to any of the
Professional Councils.

IV. PROFESSIONAL COUNCIL

Section 10 of the NCAHP Act states that the Commission shall constitute a Professional
Council for every recognised category and shall consist of a president and members
representing each profession in the recognised category, who shall also be registered
professionals of the respective category.21

As per Section 11(2) of the NCAHP Act, the Commission may delegate its powers and
functions pertaining to that specific category of profession to these Professional Councils, for
the purpose of decentralization of functions and ensure growth and development of the allied
health profession.22

State Allied and Healthcare Council

Chapter III of the NCAHP Act provides for the constitution of a State Council which is to be
established by every State Government within six months from the date of commencement of
this Act.23

The main responsibility of the State Councils is to implement the regulatory framework by
enforcing the professional conduct, code of ethics and etiquette, taking disciplinary action,
ensuring minimum standards, uniform entry examination with common counselling for
admissions and uniform exit / licensing examination, conduct inspections of institutions and
registered professionals in the State, and ensuring compliance of all directions entrusted by the
State Government or the Central Commission.

19
Id. § 13(3).
20
Id. § 12.
21
Id. § 10.
22
Id. § 11(2).
23
Id. § 22(1).

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As per section 31 of the NCAHP Act, the State Council, to examine any issues relating to one
or more recognised categories, may constitute as many Professional Advisory Boards as may
be necessary.24

State Allied and Healthcare Professionals' Register

The State Council shall maintain an online and live Register of persons in separate parts for
each of the recognised categories which is to be known as the State Allied and Healthcare
Professionals' Register (‘State Register’). It shall contain information including the name of
person. academic qualifications, institutions, training, skill and competencies of Allied and
Healthcare Professionals related to their profession according to their recognised categories.25

The State Register is deemed to be a public document within the meaning of the Indian
Evidence Act, 1872.26

As per section 16 of the NCAHP Act, on receipt of the report on registration in the State
Register, the name of the registrant will be automatically reflected in the Central Register as
well.27

V. AUTONOMOUS BOARDS
Section 29 of Chapter III provides for constitution of the following Autonomous Boards by the
State Council:

• Under-graduate Allied and Healthcare Education Board,

• Post-graduate Allied and Healthcare Education Board,
• Allied and Healthcare Professions Assessment and Rating Board, and
• Allied and Healthcare Professions Ethics and Registration Board.

The powers and functions of the abovementioned Autonomous Boards have been provided for
under Sections 29(2), (3), (4) and (5) of the NCAHP Act.28

Recognition of Allied and Healthcare Institutions and Reciprocity

Section 39 of Chapter IV of the NCAHP Act states that any Indian citizen, who holds a
qualification granted by an institution outside India, then his / her qualification is entitled to be
a recognised allied and healthcare qualification, and that citizen is entitled for registration under
this Act; provided that such citizens possessing such qualifications are enrolled as registered

24
Id. § 31.
25
Id. § 32(1).
26
Id. § 32(3).
27
Id. § 16.
28
Id. § 29 (2), (3), (4) and (5).

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Allied and Healthcare Professionals in that country.29

Scheme of Reciprocity

As per section 39(5) of the NCAHP Act, for the purpose of reciprocity and recognition of
persons coming to India and seeking education / to practice their rights, the National
Commission may enter into negotiations with the concerned authority in the respective country
outside India for setting up of a scheme of reciprocity for the recognition of Allied and
Healthcare Professionals.30

VI. ESTABLISHMENT OF NEW ALLIED AND HEALTHCARE INSTITUTIONS

Section 40(1) of Chapter V of the NCAHP Act states that, only those persons or allied and
healthcare institutions who have taken previous permission of the State Councils can open a
new or higher course of study / training, or increase its admission capacity of students.31 This
permission will be given to such persons while considering basic factors such as – standard of
education, adequate financial resources, necessary facilities for increasing capacity or for
proper functioning, and other factors as per Section 40(5) of the NCAHP Act. (For purposes of
Section 40, ‘person’ includes Universities, Institutions or Trusts but does not include the
Central or the State Governments.)

In terms of Section 42, the State Councils will verify the standards of the institutions- for the
purpose of recognition of allied and healthcare qualifications provided by the respective
institutions.32

In case of failure to maintain essential standards specified by the commission and the
autonomous boards, the State Councils may issue warnings, impose fines or even recommend
withdrawal of recognition against such institutions.

VII. FINANCE, ACCOUNTS AND AUDIT

(A) National Allied and Healthcare Fund

As per Section 46 of Chapter VI of the NCAHP Act, for the discharge of the functions of the
National Commission and for purposes of this Act, a Fund called the National Allied and
Healthcare Fund (‘NAHF’) shall be constituted and the Central Government may, by the way
of grants, benefactions, bequests, transfers and fees, transfer such sums of money to the

29
Id. § 39.
30
No. 117, Department-related Parliamentary Standing Committee On Health and Family Welfare, Report on the
Allied and Healthcare Professions, 2018, 4.28.3, (2020).
31
See supra note 2, at § 40(1).
32
Id. § 42.

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National Commission and credit into the NAHF to clear the expenses.33

(B) State Allied and Healthcare Fund

Similarly, as per Section 51, a Fund to be called the State Allied and Healthcare Council Fund
(‘SAHF’) is to be constituted and the State Governments may, by way of grants, benefactions,
bequests, transfers and fees, transfer such sums of money to the respective State Councils to
credit into the SAHF.34

The National Commission and the State Councils shall maintain appropriate accounts, annual
records and prepare an annual statement of accounts including the balance sheet, in accordance
with such directions as may be issued and in consultation with the Comptroller and Auditor-
General of India.

VIII. OFFENCES AND PENALTIES

The penalty clauses in Chapter VII of the NCAHP Act are in line with the NMC Act, 2019 and
other regulatory frameworks. As per Section 56 of the NCAHP Act, any person falsely
claiming to be entered in the Central or State Register, shall be punishable on first conviction
with a fine of fifty thousand rupees and on subsequent conviction – with imprisonment
extending to six months or with fine not exceeding one lakh rupees or with both.35

In terms of Section 57, any person not registered in the Central or State Register- uses
description of an allied and healthcare professional, or who is not possessing any qualification
under this Act, uses a degree or a diploma or a license or an abbreviation implying such
qualification, shall be punished on first conviction with fine of one lakh rupees, and on
subsequent conviction - with imprisonment which may extend to one year or with fine not
exceeding two lakh rupees or with both.36

Chapter VII deals with offences and penalties for only for individuals and not institutions. The
Allied and Healthcare Profession Assessment and Rating Board is responsible for regulating
institutions and take such measures including issuing warning, imposition of monetary penalty,
reducing intake or stoppage of admissions and recommending to the National Commission for
withdrawal of recognition, against a medical institution for failure to maintain the minimum
essential standards specified by the Autonomous Boards. Also, since many medical institutes
regulated by the Medical Assessment and Rating Board constituted under the NMC Act, 2019

33
Id. § 46.
34
Id. § 51.
35
Id. § 56.
36
Id. § 57.

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also run allied and healthcare profession courses, they will have to work in coordination and
co-operation with the Assessment and Rating Board constituted under this Act.37

IX. ENTRANCE AND EXIT TESTS

Section 11(1)(g) of the NCAHP Act states that, it is the duty of the National Commission to
provide for uniform Entry Examinations with common counselling for admission into the allied
and healthcare institutions.38 According to the Allied and Healthcare Professions Bill, 2018, it
was recommended that a Common Entrance Test should be conducted under the overall
supervision of the National Commission.39 In the coming months, the National Commission
which is to be constituted under this act will coordinate with State Council’s and devise one
uniform entrance exam similar to the National Eligibility-cum-Entrance Test (NEET).

Why can NEET not be expanded for admission of candidates to the undergraduate and
postgraduate Allied and Healthcare courses?

Although, during the drafting of the NCAHP Bill, the expansion of NEET for admission and
counselling in Allied and Healthcare courses for candidates was considered, but it was not
considered feasible – as certain allied and healthcare professions do not necessarily require
Biology / Physics / Chemistry as a compulsory intermediate subject.40

Section 11(1)(h), mandates the National Commission to provide for exit / licensing
examinations for allied and healthcare professionals for professional practice or entrance into
postgraduate or doctoral level and National Teachers Eligibility Test for academicians.41

Why no ‘single’ exit / licensing examination for all professions?

There will be separate exit / licensing examinations for all professions because the licensing
standards will differ from profession to profession. Also, every profession follows a specified
curriculum and deals with different technical skills.

Similarly, a separate examination for the teaching profession called the National Teachers
Eligibility Test (NTET) for allied and healthcare professionals will be conducted, so as to
improve the adequacy of the education faculty and for imparting quality education which will
ultimately improve the quality of healthcare services.

37
No. 117, Department-related Parliamentary Standing Committee On Health and Family Welfare, Report on the
Allied and Healthcare Professions, 2018, 4.30.4, (2020).
38
See supra note 2, at § 38.
39
See supra note 37, at 4.10.15.
40
Id. 4.10.16.
41
See supra note 2, at § 11(1)(h).

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X. PRINCIPLE OF FEDERALISM
The Hon’ble Supreme Court, in the case of “Government of NCT of Delhi v. Union of India
and Ors.” has held that, “the Union and the State Governments must embrace a collaborative
federal architecture by displaying harmonious coexistence and interdependence so as to avoid
any possible constitutional discord.”42

The NCAHP Act has received unanimous support for legislation which has displayed
harmonious coexistence between both houses of parliament, thereby embracing the principle
of federalism.

XI. CONCLUSION
Although the legislation is a step in the right direction, there are certain lacunas in the system.
Section 38 of the NCAHP Act states that those persons who offer services in the recognised
categories will be allowed to be provisionally registered, however, there is a lack of provision
for those who have already enrolled into the distance learning courses for the recognised
categories. The Act states that only those persons will be qualified as allied and healthcare
professionals if they have been granted a degree / diploma by a recognised college / institution
through “regular learning mode.”43

It is recommended that the government along with the National Commission and State
Councils, while implementing the provisions of the NCAHP Act, must formulate a uniform
system for availability of qualified teaching faculty, libraries, upgradation in infrastructure and
modern technology for the development of an augmented form of learning.

*****

42
Government of NCT of Delhi v. Union of India and Ors., (2018) 8 SCC 501.
43
See supra note 2, at § 2(e).

© 2021. International Journal of Law Management & Humanities [ISSN 2581-5369]